The current frenzy over the seizing of Saif Ali Khan’s Bhopal properties worth Rs 15,000 crore is due to these properties being deemed ‘enemy properties’. The ruler of the princely state of Bhopal, Nawab Hamidullah Khan, had three daughters; the eldest, Abida Sultan, migrated to Pakistan in 1950. His second daughter, Sajida Sultan, married in India, and Saif Ali Khan is her grandson and legal heir to a share of properties in Bhopal worth Rs 15,000 crore. The properties in question are Flag Staff House, Noor-Us-Sabah Palace, Dar-Us-Salam, Bungalow of Habibi, Ahmedabad Palace and Kohefiza property.
Similarly, in 2018, the properties belonging to Mohammed Amir Mohammed Khan (the erstwhile Raja of Uttar Pradesh’s Mehmoodabad) in Lucknow and Sitapur were also considered enemy properties worth Rs 3,000 crore. Recently, properties of Pakistan’s first Prime Minister Liaqat Ali Khan have been identified as enemy properties, part of which is a mosque belonging to Waqf. Ironically, the Waqf Bill is currently under debate, and its Joint Parliamentary Committee is generating controversy.
The enemy unveiled: A tale of two dimensions
The first dimension is the evolution of the definition of ‘enemy’ and ‘enemy property’ since 1962, reflecting an intriguing shift in their conceptualisation. India’s two wars with China and Pakistan in 1962 and 1965, respectively, prompted the formulation of the Defence of India Act and Defence Rules of 1962. Accordingly, the ‘enemy’ was defined to be a person or country committing an act of aggression against India or any person belonging to the country committing such aggression or any person belonging to such country as recognised by the central government and, consequently, the properties of these enemies were deemed as ‘enemy property’. The Enemy Property Act 1968 was enacted based on the Defence of India Act and Defence Rules. It is significant to note that the Act specified that citizens of India would not be considered enemies, and only Pakistani and Chinese nationals were considered enemies and, subsequently, their properties as enemy properties. In 1980, there were 389 enemy properties, which increased to 2,111 in 2011, 12,090 in 2014 and 15,143 in 2016. These included both movable and immovable properties.
The expansion of the definition of ‘enemy’ happened with the Enemy Property (Amendment And Validation) Act of 2017, to be implemented retrospectively. According to the amendment, the definition of the ‘enemy’ now includes legal heirs, even if they are the citizens of India and are not committing an act of aggression against India, and the property will be considered enemy property even after their death or their change of nationality (becoming citizens of India). Unlike the earlier Act, a Custodian is no longer required to maintain the property and can evict ‘unauthorised occupants’ and sell the properties. The rationale for this broadening of the definition of the enemy and consequently the enemy property was given by the then finance minister on March 10, 2017 in parliament, stating that for the security and integrity of a nation, and reciprocity towards nations which have declared properties held by Indian nationals as enemy properties (case in point, Pakistan), it is imperative to redefine ‘enemies’ who despite being citizens of India, could have Pakistani or Chinese origin or family members who have migrated there. The proceeds from the sale of enemy property are a part of disinvestment receipts maintained by the Ministry of Finance, and the sale of immovable enemy properties will go to the Consolidated Fund of India.
This story was originally published in thewire.in. Read the full story here.